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PC-10-21-14 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, OCTOBER 21, 2014 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Geng; Commissioners Davis, Labadie, Maddy and Muehlberg; Planning Director Nielsen; Engineer Hornby; and, Council Liaison Siakel Absent: None Chair Geng noted that prior to this meeting the Planning Commission assembled at approximately 5:35 P.M. and traveled to the west end of the proposed Smithtown Road east sidewalk. They proceeded to look at various areas along the sidewalk route. Engineer Hornby gave a briefing on some of the Engineering aspects and challenges for the sidewalk project. He then noted the Commission will talk about the Smithtown Road East Sidewalk Extension Feasibility Report under Item 3 on the agenda. APPROVAL OF AGENDA Davis moved, Maddy seconded, approving the agenda for October 21, 2014, as presented. Motion passed 5/0. APPROVAL OF MINUTES  September 2, 2014 Davis moved, Maddy seconded, approving the Planning Commission Meeting Minutes of September 2, 2014, as presented. Motion passed 5/0. 1. MINOR SUBDIVISION Applicant: Mike Seifert Location: 6085 Lake Linden Drive Chair Geng explained the Planning Commission is comprised of residents of the City of Shorewood who are serving as volunteers on the Commission. The Commissioners are appointed by the City Council. The Commission’s role is to help the City Council in determining zoning and planning issues by developing a factual record. Any recommendation the Commission makes to the City Council is advisory only. He noted that if the Commission makes a recommendation this evening, this item will go before the City Council on October 27, 2014. Director Nielsen noted that in 2008 Mike Seifert applied for a minor subdivision. Council considered the request and approved it during its September 22, 2008, meeting. He stated the meeting packet contains a copy of his staff report dated September 10, 2008, that the then Planning Commission discussed during its September 16, 2008, meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 21, 2014 Page 2 of 6 Nielsen explained the subject property is located at 6085 Lake Linden Drive. Mr. Seifert again proposes subdividing the lot north and south into two building sites. The property is zoned R-1C, Single Family Residential and it contains 63,210 square feet of area. Mr. Seifert proposes to have a shared driveway off of the southerly street. In addition to the conditions of approval listed in the staff report the 2008 minor subdivision was also approved subject to the shared driveway being a minimum of 12 feet wide with the common portion of the driveway no less than 16 feet wide if a sprinkler system is installed in the house or 20 feet wide if not and to the applicant submitting an easement and maintenance agreement for the proposed shared driveway. He stated the proposed subdivision is consistent with the City’s Zoning Code and Comprehensive Plan. Nielsen noted Mr. Seifert was present. Commissioner Maddy asked if the sewer access charge in 2014 is the same as it was in 2008 ($1,200). Director Nielsen noted it is still $1,200. Davis moved, Labadie seconded, recommending approval of a minor subdivision for Mike Seifert, 6058 Lake Linden Drive, subject to the conditions listed in the staff report dated September 10, 2008, to the shared driveway being a minimum of 12 feet wide with the common portion of the driveway no less than 16 feet wide if a sprinkler system is installed in the house or 20 feet wide if it is not, and to the applicant submitting an easement and maintenance agreement for the proposed shared driveway. Motion passed 5/0. 2. MINOR SUBDIVISION/COMBINATION (Lot Line Rearrangement) Applicant: Michael Johander Location: 27630 and 27660 Virginia Cove Director Nielsen explained the Robert Johander family owns the properties located at 27630 and 27660 Virginia Cove. Michael Johander, the trustee, proposes to straighten the lot line between the two properties out as shown on the certificate of survey. The lot line would then run straight north so that one lot does not wrap around the other. The subject properties are located in the R-1A/S, Single-Family Residential/Shoreland zoning district. The lots currently meet or exceed the lots size requirements of the Zoning Code for that District and they will continue to meet or exceed the requirements after the completion of the subdivision/combination. The existing drainage and utility easements along the current common lot line must be vacated. A public hearing for the easement vacation is scheduled for the October 27, 2014, City Council meeting. Replacement easements will be recorded with the division/combination. Nielsen noted Mr. Johander is present. Michael Johander, the trustee, explained the reason the two lots are configured the way they are is there used to be a dump site along the north strip of the development. The developer cleaned that up in Lot 9 (the westerly lot). The then developer did not want to disclose there had also been a dump site immediately north of Lot 8 (the easterly lot). The Johander Family has decided it is less of an issue to disclose there had been dump material that has already been cleaned up. They think that having the owner of Lot 8 control the view will be a more marketable approach than the original developer’s concern about having to disclose there had been dump materials on Lot 8. The proposed reconfiguration of the lots will be the way it should have been done in the first place. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 21, 2014 Page 3 of 6 Director Nielsen stated that from a planning perspective what is being proposed is a much better design than the current design with a gerrymandered lot line. In response to a question from Commissioner Maddy, Mr. Johander stated the area to the north is wetland and not a lake. Director Nielsen noted that the crosshatched area on Exhibit B showing the current lot configuration is wetland buffer. Davis moved, Muehlberg seconded, recommending approval of the subdivision/combination for Michael Johander for the properties located at 27630 and 27660 Virginia Cove as well as the drainage and utility easement vacations in exchange for new easements subject to the applicant’s attorney preparing an up-to-date title opinion for the property. Motion passed 5/0. 3. SMITHTOWN ROAD (EAST) TRAIL PROJECT – FEASIBILITY REPORT – RECOMMENDATION TO CITY COUNCIL Commissioner Davis stated she would like to know how the City is going to pay for the Smithtown Road East Sidewalk Extension Project. Director Nielsen explained Council is looking into several options. Nielsen noted that to date trail projects have been funded with funds from the sale of the City’s liquor operations, Minnesota State Aid (MSA) funds and funds from the General Fund. He stated it is his understanding that the City has pretty much used its MSA funding. Engineer Hornby explained the funds in the City’s MSA fund have been accounted for by other projects; primarily the Smithtown Road West Sidewalk Project. Nielsen stated Council is going to consider bonding and possibly borrowing money from one of the other funds. Nielsen noted that based on a comment from a resident some people are going to closely watch where the funding will come from. He stated Council needs to decide where the money will come from. Chair Geng asked if MSA funds are replenished from time to time. Director Nielsen stated the City is allocated money annually so its allotment can build up. Nielsen explained the City can borrow against future MSA money. That is what the City did for the reconstruction of the County Road 19 and Smithtown Road intersection. Engineer Hornby explained the City can look at a State Aid advance which is three years or it can consider a State Aid bond. Hornby noted that when municipalities consider an advance it is on a first-come first-served basis. The City could only get an advance if there is money in the account. He stated in the years when there was a lot of development going on the State’s account was drained. Nielsen stated he thought all members of Council will be at the open house to answer those types of questions. Geng then asked when the funding decision is going to be made. Nielsen responded it will be on Council’s October 27 meeting agenda. Director Nielsen noted the public open house for this project and the Galpin Lake Road trail segment will be on October 30. He will let the Planning Commission know the time. Commissioner Labadie stated she thought she heard the time period for the easement acquisition is approximately six months. She asked if that is correct. Director Nielsen stated the City makes strong attempt to buy the necessary easements from property owners. If the City has to go through condemnation there is what is called a 90-day Quick Take legal process. He noted that for the Smithtown Road West Sidewalk Project property owners were willing to sell easements to the City. He stated if Council accepts this feasibility report during its October 27 meeting then staff will ask Council to authorize the City Attorney to begin title work on the properties along the proposed sidewalk site. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 21, 2014 Page 4 of 6 Chair Geng noted that he would like this project to move forward and stated he hopes the Planning Commission will recommend Council accept the feasibility report and the project contingent on identifying a funding source. He stated he thought moving forward with this project is in the public’s best interest. It would be a safe route to school for children and it would be a safe route for pedestrians in general. He noted he was impressed with the way the Smithtown Road West Sidewalk turned out and that it enhanced the look of the area. He also thought what is being proposed is the most cost effective approach. Chair Geng thanked Engineer Hornby and WSB & Associates for the fine job it did on the feasibility study. He stated he liked Hornby’s explanation to the Planning Commission during the walk earlier this evening. Geng moved, Davis seconded, recommending approval of the Smithtown Road East Sidewalk Extension Feasibility Study Report subject to identifying a funding source for the project. Motion passed 5/0. Chair Geng thanked the Planning Commissioners for coming early in order to go on a walk of the proposed sidewalk extension area. Chair Geng thanked Engineer Hornby for walking the sidewalk area with the Planning Commission and coming to this meeting. He noted it was helpful to have Hornby present on the walk. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. OLD BUSINESS / NEW BUSINESS Commissioner Davis asked if anyone has heard anything about the Summit Woods planned unit development (PUD). Commissioner Labadie stated she drove through the area about a month ago and noted that Sandra Traylor has her property on the market. Engineer Hornby noted there is a preconstruction meeting for that development on October 23. Director Nielsen noted the Development Agreement was just executed. Nielsen stated he anticipates the developer will begin working on the improvements in the next couple of weeks. He commented he would not be surprised if the developer wants to start construction of a house on the Shorewood PUD yet this year. Chair Geng asked if Council has made any decision about which, if any, of the four alternatives presented by staff it wants to move forward with for Summit Avenue. Engineer Hornby noted not yet. Hornby explained that the Minnesota Department of Transportation (MnDOT) speed study suggested leaving it up to a driver to determine what a safe driving speed is for that roadway. MnDOT did not recommend a speed limit posting. The roadway is deficient in width and in curvature on the north end. There is a State Statute that requires a driver to use their best judgment as to what a safe speed is to travel on a roadway when there is not posted speed. Director Nielsen noted that the residents in that area do not necessarily want the road problem fixed. Commissioner Labadie asked what is going on with the corner lot near the American Legion where the old gas station was. Director Nielsen stated since the short-term interest in a bicycle repair shop idea fell through there has not been much other interest in that site. Nielsen then stated there is a developer who has expressed some interest in the Smithtown Crossing Redevelopment Area but they are waiting to see CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 21, 2014 Page 5 of 6 what Council does regarding the proposed zoning text amendment for higher density for senior housing, noting the Planning Commission has recommended approval of it. Commissioner Davis noted the structure on the property near the Legion has been gutted. Nielsen stated he thought representatives for the American Legion are still discussing if that building should be demolished. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated for the Planning Commission’s November 18, 2014, meeting there may be at a minimum a site plan review for a commercial piece of property along County Road 19 between the office building and the Garden Patch. A Shorewood resident has purchased that property and wants to make changes to the structure. A site plan review is required because it is commercial property. The property is zoned C-2 Service Commercial. There may be a couple of work program items for discussion that evening. 7. REPORTS • Liaison to Council Chair Geng noted the Planning Commission needs to assign liaisons for City Council meetings for the next five months. Council Liaisons were selected as follows: October 2014 Commissioner Davis November 2014 Chair Geng December 2014 Commissioner Labadie January 2015 Commissioner Maddy February 2015 Commissioner Davis Commissioner Labadie stated she has heard that Michael Garelick is going to apply for the Planning Commission again. Commissioner Maddy reported on the September 8, 2014, City Council meeting (as detailed in the minutes of that meeting). Commissioner Davis reported on the October 13, 2014, City Council meeting (as detailed in the minutes of that meeting). • SLUC Commissioner Davis asked if Planning Commissioners can attend the next Sensible Land Use Coalition th (SLUC) program on October 29. It is the 5 Roundtables of Knowledge program and she has found them to be the best programs. She stated if more Commissioners go than just her then information from more roundtables discussions can be gathered. One person only has time to participate in three. Director Nielsen asked Commissioners to let him know by tomorrow if they want to go. • Other None. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 21, 2014 Page 6 of 6 8. ADJOURNMENT Davis moved, Maddy seconded, Adjourning the Planning Commission Meeting of October 21, 2014, at 7:42 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder